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Baiju E.J vs The State Of Kerala on 15 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

Bail Appl..No. 7531 of 2018

CRIME NO. 680/2018 OF VARAPPUZHA POLICE STATION , ERNAKULAM

PETITIONERs/ACCUSED 1 TO 3:

1 BAIJU E.J.,
S/O JOSEPH, AGED 39 YEARS, RESIDING AT EDATHIL HOUSE,
PIZHALA PO, KADAMAKKUDY, ERNAKULAM DISTRICT.

2 JOSEPH,
S/O.KUNJUVAREETH, AGED 67 YEARS, RESIDING AT EDATHIL
HOUSE, PIZHALA PO, KADAMAKKUDY, ERNAKULAM DISTRICT.

3 ALPHONSA,
W/O.JOSEPH, AGED 65 YEARS, RESIDING AT EDATHIL HOUSE,
PIZHALA PO, KADAMAKKUDY, ERNAKULAM DISTRICT.

BY ADVS.
SRI.T.MADHU
SRI.ABHILASH JOSE
SRI.C.R.SARADAMANI

RESPONDENT/STATE:

THE STATE OF KERALA,
THROUGH THE STATION HOUSE OFFICER, VARAPPUZHA POLICE
STATION, ERNAKULAM DISTRICT, REPRESENTED BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,
KOCHI-682031.

SRI. D CHANDRASENAN, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 7531/2018 -2-

ORDER

The petitioners are accused Nos. 1 to 3 in Crime No. 680 of 2018

of Varapuzha Police Station, Ernakulam for an offence punishable under

Section 498A r/w Section 34 IPC.

2. The case of the prosecution is as follows:

The first accused is the husband of the de facto complainant and

the second and third accused is the father-in-law and mother in law of

the de facto complainant respectively. The marriage between the de

facto complainant and the first accused was solemnized on 30.04.206.

In that wedlock, a baby boy was born to them. The first accused is a

carpenter and he used to quarrel with the de facto complainant for silly

reasons. On 30.07.2018, the de facto complainant was assaulted by

the accused. The de facto complainant has suffered cerebral

hemorrhage during her childhood and she underwent a surgery for that.

The same was informed to the accused before marriage and even then

the accused used to quarrel with the de facto complainant. The de facto

complainant along with her child is now residing at her parental house

for the last more than four months. The first accused did not give

maintenance to the de facto complainant and the child for four months

and thereby they have committed the aforesaid offence.

3. I have heard the learned counsel for the petitioners and the
B.A. No. 7531/2018 -3-

learned Public Prosecutor.

4. The learned counsel for the petitioners argued that they are

innocent of the allegations levelled against them. They undertake that

that they will co-operate with the investigation and will not tamper with

the evidence.

5. Considering the arguments advanced by both sides, I find that

it is just and proper to grant anticipatory bail to the petitioners.

In the result, this application is allowed and the SHO, Varappuzha

Police Station is directed to enlarge the petitioners on bail in the event

of their arrest on execution of a bond for Rs.50,000/- (Rupees fifty

thousand only) each with two solvent sureties each for the like sum to

the satisfaction of the Investigating Officer.

sd/-

ANNIE JOHN,
JUDGE.

Rv
B.A. No. 7531/2018 -4-

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